HomeMy Public PortalAbout026-1982 - Amending Chapters 153 and 154 - Adding Chapter 53 - Flood Plain ManagementGENERAL ORDINANCE NO. 26-1982
AN ORDINANCE AMENDING CHAPTERS 153 AND 154 OF THE MUNICIPAL CODE,
AND ADDING A NEW CHAPTER 53 TO THE MUNICIPAL CODE, PROVIDING FOR
STANDARDS AND REQUIREMENTS RELATIVE TO FLOOD PLAIN MANAGEMENT.
WHEREAS, the Common Council of the City of Richmond, Indiana has
adopted Resolution No. 4-1975 which deemed it in the
general public interest to participate in the National
Flood Insurance Program and to establish the administra-
tive process necessary to adhere to the guidelines set
forth by the program; and,
WHEREAS, under Section 1361 of the National Flood Insurance Act
of 1968, as amended, the City of Richmond, Indiana must
show evidence of adoption of flood plain management regu-
lations as a condition of continued eligibility in the
National Flood Insurance Program; and,
WHEREAS, it is the intent of this Ordinance to amend the Zoning
Ordinance and Subdivision Ordinance and to add to the
Municipal Code a new Ordinance relative to utility con-
struction in a flood hazard area to provide for flood
Plain management standards and requirements in compliance
with Section 1361 of the National Flood Insurance Act of
1968, as amended and paragraph 60.3(d) of the national
Flood Insurance Program; and,
WHEREAS, a study of this Ordinance was conducted by the Richmond
City Plan Commission the 22nd day of June, 1982, at which
time remonstrances were heard from all parties interested
in or affected by this Ordinance; and,
WHEREAS, the vote of the City Plan Commission was six (6) to zero
(0) in favor of recommending the passage of Ordinance No.
26-1982.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
Richmond, Indiana as follows:
SECTION 1. That Article 13 of Chapter 154 of the Municipal Code
shall be amended by adding the following:
13.98 Flood or Floodwater: means the water of any lake
or watercourse which is above the banks and/or
outside the channel and banks of such watercourse;
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13.99 Flood Hazard Area: -means any floodplain,
floodway, floodway fringe district or any
combination thereof;
13.100 Flood Protection Grade: -means the elevation
of the lowest floor of a building or structure.
If a basement is included, the basement floor
is considered the lowest floor. Exceptions:
If a commercial or industrial building is
floodproofed as hereinafter defined, the term
"flood protection grade" applies to the water
surface elevation for which the building is
protected.
13.101 Flood Proofed Building:- means a commercial or
industrial building designed to exclude flood-
waters from the interior of that building. All
such floodproofing shall be adequate to with-
stand the flood depths, pressures, velocities,
impact and uplift forces and other factors
associated with the regulatory flood.
13.102 Natural Resources: - means the Indiana Natural
Resources Commission;
13.103 Regulatory Flood: - means that flood having a
peak discharge which can be expected to be
equaled or exceeded on the average of once in
a one -hundred year period, as calculated by a
method and procedure which is acceptable to and
approved by the Indiana Natural Resources Commis-
sion. This flood is equivalent to a flood having
a probability of occurrence of one percent in any
given year.
13.104 Regulatory Flood Profile: means a longitudinal
profile along the thread of a stream showing the
maximum water surface elevation attained by the
regulatory flood.
13.105 Substantial Modification: - means any alteration,
repair, enlargement or extension of an existing
building. Such substantial modification is con-
sidered to occur when the first alteration of
any wall, ceiling, floor or other structural
element of the building commences. This term
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does not, however, include either (1) any pro-
ject for improvement of a structure to comply
with existing health, sanitary or safety code
specifications, or (2) any alteration of a
structure listed on the National Register of
Historic Places or the Indiana State Survey
of Historic, Architectural, Archeological and
Cultural Sites, Structures, Districts and Ob-
jects.
13.106 Mobile Home Tie Downs; Schedule A: - means
sufficient anchorage to resist flotation,
collapse or lateral movement of any mobile
home. At a minimum, such anchorage shall con-
sist of (1) over -the -top ties be provided at
each of the four corners of the mobile home,
with two additional ties per side at inter-
mediate locations, with mobile homes less than
50 feet long requiring only one additional tie
per side; (2) frame ties be provided at each
corner of the home with five additional ties
per side at intermediate points and mobile homes
less than 50 feet long requiring four additional
ties per side; (3) all components of the anchor-
ing system be capable of carrying a force of
4,800 pounds; and (4) any additions to the
mobile home be similarly anchored.
SECTION 2. That Article 16 of Chapter 154 of the Municipal Code
shall be amended by adding the following:
16.08 Non -Conforming Uses in Floodway and Floodway
Fringe Districts:
Any building, structure or other use in a
Floodway (FW) or Floodway Fringe (FF) District
which is not in conformance with this ordinance
constitutes a non -conforming use.
a. In a Floodway (FW) District, no non -conforming
use may be expanded or enlarged nor can a
building undergo substantial modification
without a permit for construction in a
floodway from Natural Resources.
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b. In a Floodway Fringe (FF) District a build-
ing which constitutes a non -conforming use
may undergo substantial modification pro-
vided that such modification does not
increase the value of the building, by more
than forty (40) percent of its pre -improvement
market value, (excluding the value of land)
unless such building is permanently changed
to a conforming use.
SECTION 3. That Article 17 of Chapter 154 of the Municipal Code
shall be deleted in its entirety.
SECTION 4. That Chapter 154 of the Municipal Code shall be amended
by adding Article 38A -FW Floodway District as follows:
ARTICLE 38A
FW FLOODWAY DISTRICT
38A.00 INTENT: The purpose of the Floodway (FW) Dis-
trict is to guide development in areas identified
as a floodway. The identification of these areas
shall be determined as identified by the Federal
Insurance Administration in a scientific and
engineering report entitled, "The Flood Insurance
Study for the City of Richmond, Indiana dated
August 16 1982, with the accompany-
ing Flood Insurance Rate Maps and Flood Boundary-
Floodway Maps along with any subsequent revisions
to the text or maps are hereby adopted by refer-
ence and declared to be a part of this ordinance.
The Flood Insurance Study is on file in the office
of the City Planning Department. However, all
such identifications shall be made in compliance
with the current rules, procedures and policies
of Natural Resources. Natural Resources exercises
primary jurisdiction in the Floodway (FW)District
under the provisions of IC 1971, 13-1-11, however,
the (Plan) Commission may impose terms and condi-
tions on any permit it issues in this district
which are more restrictive than those imposed by
Natural Resources.
38A.01 Establishment: The Floodway District is hereby
established as a zoning classification. The
Floodway District shall not stand by itself but
shall be combined with any other existing zoning
district. Land hereafter zoned to such Floodway
District shall be designated on the Official
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Zoning Map by the symbol "FW", along with the
applicable symbol of the existing zoning classi-
fication. Each application for rezoning to the
Floodway District shall be considered in the
same manner as for amendments to this Ordinance
in accordance with Article 62.
In the case of conflict with other regulations
and requirements of this Ordinance, the most
restrictive requirement shall govern.
38A.02 Principal Permitted Uses: The following uses
shall be permitted by right, provided they do
not involve the erection of any structure or
obstruction, the opening of any excavation or
the deposition of any material or substance
and provided they are permitted in the existing
zoning districts.
a. Agricultural uses such as the production
of crops, pastures, orchards, plant nur-
series, vineyards, and general farming.
b. Forestry, wildlife areas, and nature pre-
serves.
C. Parks and recreational uses, such as golf
courses, driving ranges, and play areas.
38A.03 Uses Requiring Natural Resources Approval: The
following uses may be permitted in the Floodway
(FW) District only after a permit for construc-
tion in a floodway has been granted by Natural
Resources, and providing such use is permitted
in the existing zoning district. All terms and
conditions imposed by Natural Resources will be
incorporated in any permit issued. All buildings
or additions to existing buildings shall have
flood protection grades at least two feet above
the regulatory flood profile.
a. Water management use facilities, such as
dams, docks, dolphins, channel improvements,
dikes, jetties, groins, marinas, piers,
wharves, levees, seawalls, floodwalls, weirs,
and irrigation facilities.
b. Transportation facilities, such as streets,
bridges, roadways, fords, airports, pipe
lines, railroads, and utility transmission
facilities.
C. Temporary or seasonal flood plain occupancy,
such as circus sites, fair sites, carnival
sites, boat ramps, camps, roadside stands,
and transient amusment facility sites.
d. Water -related urban areas, such as waste-
water treatment facilities, storm sewers,
electric generating and transmission
facilities, and water treatment facilities.
e. Other flood tolerant or open space urban
uses, such as floodproofed buildings, race
tracks, tennis courts, park buildings, out-
door theaters, fills, truck freight ter-
minals, radio or TV towers, parking lots,
and mineral extraction.
Flood proofing of non-residential structures,
if proposed, must be in accordance with the
definition of a flood proofed building as set
forth in this ordinance and must be so certi-
fied by a Professional Engineer or a Regis-
tered Architect licensed to practice in
Indiana.
The structure or structures, if permitted in
the floodway, shall be constructed on the
building site so as to minimize obstruction
to the flow of floodwaters.
38A.04 Disclaimer: In the "FW" Floodway District
established herein the degree of flood pro-
tection established in this ordinance is
considered reasonable for regulatory pur-
poses and is based on engineering and
scientific considerations. Larger floods
can and will occur on rare occasions. Flood
heights may be increased by man-made or natural
causes such as ice or debris jams. This ordi-
nance does not imply that areas outside the
Floodway District as defined herein, will be
free of flooding or flood damage. This ordinance
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does not create any liability on the part of
the City of Richmond, Indiana, the Plan
Commission, Natural Resources, the State of
Indiana, or any elected or appointed official
or employee thereof for any flood damages that
result from reliance on this ordinance or any
administrative decision lawfully made there-
under.
SECTION 5. That Chapter 154 of the Municipal Code shall be
amended by adding Article38B FF Floodway Fringe Dis-
trict as follows:
ARTICLE 38B
FF FLOODWAY FRINGE DISTRICT
38B.00 INTENT: The purpose of the Floodway Fringe
(FF) District is to guide development in areas
subject to potential flood damage, but outside
an identified Floodway (FW) District. The
identification of these areas shall be deter-
mined as identified by the Federal Insurance
Administration in a scientific and engineer-
ing report entitled, "The Flood Insurance
Study for the City of Richmond, Indiana,
dated August 16 , 1982, with the
accompanying Flood Insurance Rate Maps and
Flood Boundary-Floodway Maps along with any
subsequent revisions to the text or maps are
hereby adopted by reference and declared to
be a part of this ordinance. The Flood Insur-
ance Study is on file in the office of the
City Planning Department. The principal re-
quirement of this district is that the flood
protection grade of all buildings shall be at
least two feet above the regulatory flood pro-
file.
38B.01 Establishment: The Floodway Fringe District
hereby established as a zoning classification.
The Floodway Fringe District shall not stand
by itself but shall be combined with any other
existing zoning district. Land hereafter zoned
to such Floodway Fringe District shall be de-
signated on the Official Zoning Map by the
symbol "FF", along with the applicable symbol
of the existing zoning classification. Each
application for rezoning to the Floodway Fringe
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District shall be considered in the same
manner as for amendments to this Ordinance
in accordance with Article 62B. In the case
of conflict with other regulations and re-
quirements of this Ordinance, the most
restrictive requirement shall govern.
38B.02 Principal Permitted Uses: All facilities,
structures, uses and buildings consistent
with other provisions of this ordinance such
as businesses, medical facilities, community
and government buildings, industrial facilities,
restaurants, commercial facilities, storage
facilities, mobile homes, utility buildings,
amusement facilities, residential buildings,
and civic or fraternal facilities, may be con-
structed in this district provided that the
flood protection grade for all buildings shall
be at least two feet above the regulatory flood
profile and provided such uses are permitted in
in the existing zoning district. Further,
mobile homes must have pads (concrete or stands
of compacted fill) at or above the elevation of
the regulatory flood and must be provided with
ground anchors meeting Mobile Home Tie Downs;
Schedule A. In addition, adequate drainage
and access for a hauler shall be provided. Flood
proofed non-residential buildings may also be
constructed in this district provided that the
plans and specifications for all necessary
structural facilities and modifications are
certified by a Professional Engineer or Registered
Architect licensed to practice in Indiana.
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38B.03 Disclaimer: In the "FF" Floodway Fringe Dis-
trict established herein the degree of flood
protection established in this ordinance is
considered reasonable for regulatory pur-
poses and is based on engineering and
scientific consideration. Larger floods can
and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes
such as ice or debris jams. This ordinance does
not imply that areas outside the Floodway Fringe
District as defined herein, will be free of
flooding or flood damage. This ordinance does
not create any liability on the part of the
City of Richmond, Indiana,the Plan Commission,
Natural Resources, the State of Indiana, or any
elected or appointed official or employee there-
of for any flood damages that result from
reliance on this ordinance or any administra-
tive decision lawfully made thereunder.
SECTION 6. That Chapter 154 of the Municipal Code shall be amended
by adding Article 38C - FP Flood Plain District as follows:
ARTICLE 38C
FP FLOOD PLAIN DISTRICT
38C.00 INTENT: The intent of this district is to guide
development in these areas for which no detailed
flood data has been provided. These areas are
shown as approximate one hundred (100) year flood
boundaries. The identification of these areas
shall be determined as identified by the Federal
Insurance Administration in a scientific and
engineering report entitled, "The Flood Insurance
Study for the City of Richmond, Indiana", dated
August 16, 1982, with the accompanying Flood In-
surance Rate Maps and Flood Boundary-Floodway
Maps along with any subsequent revisions to the
text or maps are hereby adopted by reference
and declared to be a part of this ordinance.
The Flood Insurance Study is on file in the office
of the City Planning Department. However, all such
identifications shall be made in compliance with
the current rules, procedures and policies of
Natural Resources. Natural Resources exercises
primary jurisdiction in the Floodway (FW) District
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under the provisions of IC 1971, 13-1-11,
however, the (Plan) Commission may impose
terms and conditions on any permit it issues
in this district which are more restrictive
than those imposed by Natural Resources.
38C.01 Establishment: The Flood Plain District is
hereby established as a zoning classification.
The Flood Plain District shall not stand by
itself but shall be combined with any other
existing zoning district. Land hereafter
zoned to such Flood Plain District shall be
designated on the Official Zoning Map by the
symbol "FP", along with the applicable symbol
of the existing zoning classification. Each
application for rezoning to the Flood Plain
District shall be considered in the same manner
as for amendments to this Ordinance in accord-
ance with Article 62.
In the case of conflict with other regulations
and requirements of this Ordinance, the most
restrictive requirement shall govern.
38C.02 Permit Application: All permit applications
located in the "FP" Flood Plain District shall
be forwarded to the Department of Natural Re-
sources for review and comment. Upon the deter-
mination by Natural Resources of either a
floodway or floodway fringe designation then
the appropriate requirements of either Article
38A FW Floodway District or Article 38B FF
Floodway Fringe District shall apply.
SECTION 7. That Article 60 of Chapter 154 of the Municipal Code
shall be amended by adding the following:
60.07 The Zoning Inspector shall review all applica-
tions for improvement location permits for new
construction, additions to existing construc-
tion, or other development to ascertain as to
whether the proposed construction, addition or
development lies in a flood hazard area as de-
fined elsewhere in this ordinance. If the
permit application lies in an identified Flood -
way District, then the zoning administrator
shall forward the application along with all
pertinent plans and specifications to Natural
Resources and apply for a permit for construc-
tion in a floodway from Natural Resources.
If the permit application lies in Floodway
Fringe District then the Zoning Inspector
may issue an improvement location permit
with the condition that the lowest floor
including basement of the structure(s) is
at least two feet above the 100 year frequency
flood elevation.
If the permit application lies in a Flood
Plain District, then the Zoning Administra-
tor shall forward the application along with
all pertinent plans and specifications to
Natural Resources for review and comment.
In a Floodway, Floodway Fringe or Flood Plain
District, the Zoning Inspector may require a
rational analysis of the design's adequacy
and the suitability of the materials selected
to prevent flotation, collapse, or lateral
movement of the structure and minimize poten-
tial future flood damages.
In reviewing the applications for improvement
location permits for compliance with the re-
quirements of this ordinance, the Zoning In-
spector shall assure that all necessary permits
from other State, Federal and local agencies
have been obtained.
SECTION 8. That the "Flood Insurance Study for the City of Rich-
mond, Indiana" dated August 16, 1982 with the accompany-
ing Flood Insurance Rate Maps and the Flood Boundary and
Floodways Map along with any subsequent revisions to the
text or maps are hereby adopted by reference and de-
clared to be part of the Zoning Ordinance and Official
Zoning Map of the City of Richmond, Indiana. Land desig-
nated on the Flood Boundary and Floodway Maps as Flood -
way, Floodway Fringe and Approximately 100 Year Flood
Boundaryshall be zoned and regulated in accordance with
the Zoning Ordinance as follows:
(1) The Floodway shall be zoned FW Floodway District
along with the existing zoning district.
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(2) The Floodway Fringe shall be zoned FF Floodway
Fringe District along with the existing zoning
district.
(3) The Approximate 100 Year Flood Boundary shall
be zoned FP Flood Plain District along with the
existing zoning district.
SECTION 9. That Article I, Section I of Chapter 153 of the
Municipal Code shall be amended by adding the follow-
ing:
Flood or Floodwater: means the water of any lake or
watercourse which is above the banks and/or outside
the channel and banks of such watercourse;
Flood Hazard Area: means any Floodway, Floodway Fringe
District, or Flood Plain District or any combination
thereof;
Natural Resources: means the Indiana Natural Resources
Commission;
Regulatory Flood: means that flood having a peak dis-
charge which can be expected to be equaled or exceeded
on the average of once in a one -hundred year period,
as calculated by a method and procedure which is
acceptable to and approved by the Indiana Natural Re-
sources Commission. This flood is equivalent to a
flood having a probability of occurrence of one percent
(1%) in any given year.
Regulatory Flood Profile: means a longitudinal profile
along the thread of a stream showing the maximum water
surface elevation attained by the regulatory flood.
SECTION 10. That Article II, Section V of Chapter 153 of the
Municipal Code shall be amended by adding the following:
j. The Planning Director of the City of Richmond,
Indiana shall review all oroposed subdivisions
to determine whether the subdivision lies in a
flood hazard area as defined elsewhere in this
ordinance. If the Plan Director finds the sub-
division to be so located, the Plan Director
shall forward pertinent plans and materials to
the Indiana Department of Natural Resources
for review and comment. The Plan Commission
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may require appropriate changes and modifications
in order to assure that it is consistent with the
need to minimize flood damages; all public utilities
and facilities, such as sewer, gas, electrical and
water systems are located and constructed to mini-
mize or eliminate flood damage;adequate drainage
is provided so as to reduce exposure to flood
hazards; and that onsite waste disposal systems,
if provided, will be so located as to avoid impair-
ment of them or contamination from them during the
occurrence of the regulatory flood.
All subdivision plats containing lands identified
elsewhere in this ordinance as flood hazard areas
shall have the elevation of the 100 year flood
listed thereon.
SECTION 11. That Title V of the Municipal Code shall be amended
by adding a new Chapter 53 as follows:
CHAPTER 53. UTILITY CONSTRUCTION IN FLOOD
HAZARD AREAS
53i01: Standards for Certain Utility Construction
or Reconstruction in Flood Hazard Areas.
All new or replacement water mains, valves
and other appurtenances; and all new or re-
placement sewers, manholes and other appur-
tenances constructed or reconstructed in a
Flood Hazard Area as defined elsewhere by
ordinance shall be designed and constructed
as to minimize or eliminate infiltration of
floodwaters into these systems and discharges
from these systems into floodwaters. Onsite
waste disposal systems, if provided, shall
be so located as to avoid impairment of them
or contamination from them during the occurr-
ence of the regulatory flood.
SECTION 12. This Ordinance shall be in full force and effect
from and after its passage and approval as by law re-
quired.
President of Common Council
ATTEST: ` C• `f-i
Cvity Clerk
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PRESENTED by me to the Mayor of,the City of Richmond, Indiana, this
day of 1982.
CiY7- Clerk
APPROVED by me, Clifford J. Dickman, Mayor )the City of Richmond,
Indiana, this day of 1982.
IAZC-3-� ro�
lK
ATTEST:
City Clerk
-A
CITY PLAN COMMISSION
RICHMOND, INDIANA
t.06p,
July 1, 1982
Mr. Kenneth Mills, President
Members of Common Council and
Mrs. JoEllen Trimble, City Clerk
Amicipal Building
Richimnd, Indiana 47374
Re: Ordinance No. 26-1982
Plan Commission Case PC-82-11
Dear Mr. Mills, Members of Common Council and Mrs. Trimble:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, June 22, 1982, on its own petition requesting to amend
the Zoning and Subdivision Ordinances and also requesting to
amend Title V of the Municipal Code by adding a new Chapter 53,
all providing for standards and requirements relative to Flood -
plain management.
In 1975, the Common Council passed a Resolution indicating their
desire to participate in the National Flood Insurance Program
which, essentially, allows those residents of the City living in
flood prone areas to purchase federally subsidized flood insurance.
Since 1975, the Federal and State governments have studied and
identified flood hazard areas throughout Wayne County. This study
has culminated in a scientific study entitled, "The Flood Insurance
Study for the City of Richmond, Indiana," which includes two (2)
maps: The Flood Insurance Rate Map and The Flood Boundary-Floodway
Map. This information provides the scientific data to be used in
implementing the Floodplain Management Ordinances that are required
by the Federal and State Governments in order for the City to re-
main eligible to participate in the Federal Flood Insurance Program.
The proposed amendment to the Subdivision Ordinance basically adds
certain definitions and requires new subdivision plans to be re-
viewed to determine if any part lies in a flood hazard area. The
proposed amendment to the Zoning Ordinance basically adds certain
new definitions, adds three (3) new zoning classifications to the
FW Floodway District, the FF Floodway Fringe District and the FP
Flood Plain District.
These districts would operate as a secondary zoning classification
and must be combined with an existing zoning district, so that an
existing R-1 District zoned to the FW Floodway District would be
Mr. Kenneth Mills, President
Members of Common Council
July 1, 1982
Page 2
designated on the Official Zoning Map as R-1 FW District. It is
also proposed to amend Title V of the Municipal Code to add a
new Chapter 53 which regulates construction and reconstruction
of certain utilities in a Flood Hazard Area.
These amendments have been reviewed by the State Department of
Natural Resources and the Federal Emergency Management Agency and
have been approved.
During the public hearing, no one spoke in opposition to the pro-
posed amendments.
The Plan Commission voted six (6) to zero (0) to recommend the
adoption of Ordinance No. 26-1982.
Respectfully submitted,
CITY P COMMISSION
Robert B. Goodwin
Executive Secretary
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